Thomas v. Swanke
Supreme Court of Minnesota
Action in the district court for Traverse county to foreclose a mortgage given to secure the payment of $550. The defendant Keating pleaded payment, and prayed that the mortgage be discharged and satisfied of record. The cause was tried before C. L. Brown, J., without a jury, who ordered judgment in favor of defendant Keating. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtStart, C. J.
This was an action to foreclose a real-estate mortgage made by Frank A. Swanke and wife to the plaintiff to secure the payment of their note to her, dated March 24,1891, and due in five years, with semiannual interest. The defense was payment.
The trial court found as a fact that on March 18, 1896, defendant Keating, the owner of the mortgaged premises, paid $589.25 in full payment of the principal and interest of the mortgage debt to A. F. & L. E. Kelley, who were then the agents of the plaintiff and authorized to receive such payment for her; and, as a conclusion of law, that the defendant…
2Cases cited2 opinions
- Hare v. BaileySupreme Court of Minnesota · 1898
- General Convention of Congregational Ministers & Churches v. TorkelsonSupreme Court of Minnesota · 1898
3Cited by4 opinions
- Jackson v. Mutual Benefit Life InsuranceSupreme Court of Minnesota · 1900
- State v. LawrenceSupreme Court of Minnesota · 1915
- Lynn v. Northern Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1952
- Springfield Savings Bank v. KjaerSupreme Court of Minnesota · 1901